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GAYDA v. LOT POLISH AIRLINES

No. 842, Docket 82-7820.

702 F.2d 424 (1983)

Elzbieta GAYDA, individually and as personal representative of the Estate of Krzyzstof Gayda, Stanislaw Gajda and Joanna Gajda, Appellants, v. LOT POLISH AIRLINES, Appellee.

United States Court of Appeals, Second Circuit.

Decided March 18, 1983.

Filed March 21, 1983.

Attorney(s) appearing for the Case

Frank N. Granito, Jr., Speiser & Krause, P.C., New York City, for appellants.

Lawrence Mentz, Condon & Forsyth, New York City (George N. Tompkins, Jr., Desmond T. Barry, Jr., Peter A. Axelrod, New York City, of counsel), for appellee.

Before MANSFIELD, OAKES and NEWMAN, Circuit Judges.

PER CURIAM:

The plaintiffs in this case are relatives of an individual who died in an air crash in Poland on March 14, 1980. The defendant, LOT Polish Airlines, moved for dismissal, alleging lack of subject matter jurisdiction under Article 28 of the Warsaw Convention, 49 U.S.C. § 1502. note. The United States District Court for the Eastern District of New York, Charles P. Sifton, Judge, granted the motion. The plaintiffs argue on appeal that the decision in...

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